FILED
NOT FOR PUBLICATION MAR 28 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
NAUTILUS INSURANCE COMPANY, No. 10-17826
Plaintiff - Appellant, D.C. No. 1:09-cv-00537-DAE-
LEK
v.
LEXINGTON INSURANCE COMPANY; ORDER*
DOE DEFENDANTS 1-10,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Hawaii
David A. Ezra, District Judge, Presiding
Submitted October 16, 2012**
Honolulu, Hawaii
Before: REINHARDT, THOMAS, and PAEZ, Circuit Judges.
In light of the Supreme Court of Hawai’i’s decision addressing the certified
questions in this case, the district court’s order granting summary judgment to
Defendants-Appellees and denying summary judgment to Plaintiff-Appellant is
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
VACATED. This case is REMANDED to the district court for further proceedings
consistent with the Supreme Court of Hawai’i’s decision in Nautilus Insurance Co.
v. Lexington Ins. Co., No. SCCQ-12-0000977, 2014 WL 560805 (Haw. Feb. 13,
2014).
Each party shall bear its own costs on this appeal.